Evidence Seized from the Person of a Subject
There are certain samples of evidence taken from a person that are not protected by the Constitution. The
protection of the Fifth Amendment, Article 31, and MIRANDA apply only--
o
to testimonial utterances.
o
to verbal acts (the functional equivalent of a testimonial utterance).
No Constitutional protection applies toward--
o
Handwriting samples.
o
Voice prints.
o
Teeth prints.
o
Footprints.
o
Fingerprints.
o
Lineup participation of a subject not accused of a crime or in custody.
A Visual Search of the External Portions of the Body
MRE 312 (G) is concerned with viewing external parts of the body for evidence. This does not include intrusion
into the body itself or intrusion into body cavities. Examples of the types of evidence looked for in this type of
visual search would include--
o
Tattoos.
o
Scratches.
o
Birthmarks.
o
Other identifying features of this type.
A visual search of the external body does not require a search authorization. Article 31 rights are not violated
when the search is conducted in a reasonable fashion.
As a law enforcement official, you have the right to order a search of this type. The subject of the search does not
have the right to refuse.
However, for the search to be legal, it must follow one of the situations listed below:
o
An inspection or inventory.
1-15
MP2002
Previous Page
